Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Malverne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention Bureau — See Ch. 79.
[Adopted 12-4-1957 (Ch. 17 of the 1972 Code)]
Section 10-1008 of the Village Law is hereby amended to read as follows:
§ 10-1008. Incorporation of Fire Department.
A.
The members of the Norwood Hook and Ladder and Hose Company, heretofore organized as a membership corporation and maintained in pursuance of law, constitute a corporation by the name of the "Fire Department of the Incorporated Village of Malverne, New York."
B.
The term "Fire Department of a Village," as used in this article, refers to such corporation.
Section 10-1010 of the Village Law is hereby amended in its entirety to read as follows:
§ 10-1010. Election of company and department officers and delegates; qualifications; term of office.
A.
The members of the Fire Department of the Village shall hold an annual meeting on the first Thursday after the first Tuesday in April in each year. At such meeting the members shall elect by ballot from their own number as officers of the Norwood Hook and Ladder and Hose Company four Captains and four Lieutenants. They shall also elect by ballot from their own number at such meeting the following officers of the Fire Department of the Village:
(1)
Chief.
(2)
First Deputy Chief.
(3)
Second Deputy Chief.
(4)
Eight Wardens, one of whom shall be designated a Warden Secretary and another a Warden Treasurer.
(5)
One Financial Secretary.
(6)
One Corresponding Secretary.
(7)
One Sergeant-at-Arms.
(8)
Three delegates to the Fourth Battalion District of the Nassau County Fire Commission.
B.
Immediately following such elections, the person acting as Secretary of the annual meeting shall certify the results of the election in writing to the Board of Trustees.
C.
No member shall be elected to any such office unless at the time of such election he is a member in good standing of the Fire Department, an elector of the Village (except that neither the Corresponding Secretary, the Sergeant-at-Arms nor any Company officer need be an elector) and fulfills such further qualifications as may be imposed by the bylaws of the Company and the Fire Department of the Village. No member elected to any such office shall be entitled to office nor assume his duties until his election has been approved and confirmed by the Board of Trustees. Before commencing his duties, each member so elected, approved and confirmed shall take the oath of office, to be administered by the Mayor or other member of the Board of Trustees designated by the Mayor.
D.
The term of office of each member so elected shall commence on the date of confirmation of his election by the Board of Trustees and shall continue for a term of one year or until his successor is elected to office and confirmed. Any officer may serve any number of terms. Any vacancies occurring for any such office shall be filled by the Council of the Fire Department of the Village for the unexpired portion of the term, subject to confirmation and approval by the Board of Trustees.
Section 10-1012 of the Village Law is hereby amended in its entirety to read as follows:
§ 10-1012. Bylaws.
The Council of the Fire Department of the Village shall promulgate bylaws governing generally the operations and affairs of the Fire Department of the Village, the duties of its officers and of the officers of the Company and their qualifications and the conduct of the members of the Fire Department of the Village. Such bylaws shall not become effective until approved by a majority of the members of the Fire Department of the Village at a regular or special meeting of the members and until ratified and approved by the Board of Trustees. The Council shall have the power to amend such bylaws, but no such amendment shall become effective until approved by the members and certified and approved by the Board of Trustees in like manner as the original bylaws. Such bylaws may be modified, amended, repealed, revoked in whole or in part or suspended in whole or in part, at any time, and from time to time, by the Board of Trustees. Action of the Board of Trustees in promulgating, modifying, amending, repealing, revoking or suspending the bylaws of the Fire Department of the Village shall become effective without any vote or other action of the members of the Fire Department of the Village or of the Council.
A. 
The first sentence of § 10-1014 of the Village Law is hereby amended to read as follows: "The Chief, First Deputy Chief, Second Deputy Chief and the eight Wardens shall constitute the Council of the Fire Department of the Village."
B. 
The last sentence of § 10-1014 of the Village Law is amended to read as follows: "A majority of the members of such Council shall constitute a quorum and may, subject to the provisions of § 10-1012 hereof, make and prescribe bylaws for the proper management of the affairs and the disposition of the funds of the Fire Department, may call meetings of the members and designate one or more days in each year for public exercise, inspection and review."
Section 10-1016 of the Village Law is hereby amended by substituting "Chief" for the word "secretary" where the same appears in said section.
Wherever "Chief Engineer," "First Assistant Engineer," "Second Assistant Engineer," "Third Assistant Engineer" or "Fourth Assistant Engineer" appear in Article 10 of the Village Law, they shall be deemed to mean "Chief," "First Deputy Chief," "Second Deputy Chief," "Third Deputy Chief" and "Fourth Deputy Chief," respectively.
In addition to the duties imposed upon them by § 10-1018 of the Village Law, the Chief, First Deputy Chief and Second Deputy Chief of the Fire Department of the Village shall be responsible for the performance of all duties imposed upon them by the bylaws of the Fire Department.
[Adopted 1-23-1995[1]]
[1]
Editor's Note: This article was approved at referendum 3-21-1995.
The type of service award program shall be a defined benefit program as described in § 219 of the General Municipal Law.
A. 
The estimated annual cost of the service award program shall be $75,000 in the first year, $60,000 in the second to 20th year thereafter, including an annual administration fee of $640. The initial annual contribution to fund this program is estimated to be $75,000, and the estimated annual cost thereafter per participant will vary from $1,400 for a sixty-five-year-old participant to $330 for a twenty-one-year-old participant.
B. 
The defined benefit award to be paid to eligible volunteer fire fighters shall be $20 per month for each qualified year of active fire-fighting service not to exceed 30 years, payment to commence when the eligible volunteer fire fighter reaches age 65 but not sooner than one year after adoption of the plan. The maximum benefit shall be $600 per month after 30 years of service; the minimum benefit shall be $100 per month. Payment of the award shall be in the form of the life annuity with ten-year certain payment or its actuarial equivalent.
C. 
The service award program will provide for the crediting of years of active fire-fighting service for periods prior to the establishment of such program to a maximum of five years per participant. To qualify for past service a person must meet the "Rule of 50," whereby the total of age and years of service must be 50 or greater after completing one year of eligible fire-fighting service.
D. 
In the event that an active volunteer fire fighter becomes disabled and such disability prevents the active fire fighter from pursuing such volunteer's normal occupation and if the disability is total and permanent as certified by the Workmen's Compensation Board or other authority approved by the Village Board of Trustees, the volunteer fire fighter will be entitled to receive his/her accrued benefits described in this section regardless of age or length of service.
E. 
In order to qualify for a year of fire-fighting service, the fire fighter must satisfy the minimum requirements of participation of earning 50 points in such year, such points to be awarded pursuant to § 217, Subdivision (c), of the General Municipal Law.